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Prison inmate No. 43355-018, aka Wesley Snipes reports to prison

Van Der Sloot Gets 28 Years In Prison Dutch national Joran Van der Sloot is pictured...

As Joran van der Sloot stood before a panel of three women judges in a Peruvian court, he looked confident — and bored — just as he had two days earlier. He even smiled as a judge began reading his sentence.

But, then, when the words “28 years” were read loud and clear, Joran’s demeanor suddenly changed. He wiped the sweat from his brow as his eyes darted from side to side. And then he wiped tears from his eyes.

Joran cried for himself, not for Stephany Flores, a young woman he has admitted to strangling in his hotel room after meeting her at a poker tournament in Lima, Peru.

This time in court, Joran was clearly out of his comfort zone. The now-24 year old was spoiled as a kid. When, as a teenager, he became too unruly for his wealthy parents to handle, they moved him into separate quarters on their property to keep him from harassing his two younger brothers.

Earlier, in the days before his sentencing, Joran was able to stall the inevitable after telling the judges he needed more time before he gave them his “sincere confession.” In Peru, when confessions are deemed “sincere,” defendants are typically sentenced to less time.

Not so for Joran, who’s suspected of also killing teen Natalee Holloway after her disappearance on the Caribbean island of Aruba, where Van der Sloot grew up and where Natalee had been vacationing with high school friends. He was given just two years less than the 30-year maximum sentence that had been recommended to the court by his prosecutors.

After his sentence was handed down, Van der Sloot was transferred to the high-security Piedras Gordas penitentiary in northern Lima from the Castro Castro prison where he’d been housed before and where it had been been reported that he was enjoying special privileges of Internet access, TV, and cellphone use.

Apparently, that won’t be the case at the Piedras Gordas prison, where Joran is expected to serve out his time in less than desirable conditions until the year 2038. So be it.

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USA and territories.
Incarcerated population
Number of
inmates

in 2008
Total2,424,279
Federal and state prisons1,518,559
Territorial prisons13,576
Local jails785,556
ICE facilities9,957
Military facilities1,651
Jails in Indian country2,135
Juvenile facilities92,845

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U.S. SUPREME COURT HEAR PRISON LAWSUIT

SACRAMENTO, Calif. (AP) — In a case pitting states rights against the power of the federal judiciary, the U.S. Supreme Court will hear arguments about a federal court order requiring California to release inmates from its overcrowded prisons.

At issue during Tuesday’s hearing is the medical and mental health care delivered to inmates in the nation’s largest state prison system.

Eighteen other states have joined Gov. Arnold Schwarzenegger’s administration in urging the justices to reject the order as overreaching and arguing that it poses a threat to public safety. Attorneys general elsewhere fear they could face similar legal challenges if the decision survives.

A 2005 ruling by a federal judge in San Francisco found that an average of one inmate per week was dying in California prisons as a result of medical neglect or malfeasance. The prison health care system has been judged so poor that the federal courts have found it violates the constitutional rights of inmates.

Last year, a three-judge panel of the 9th Circuit Court of Appeals ruled that reducing the inmate population by about 40,000 inmates is the only way to improve medical and mental health care.

California has been fighting lawsuits over its treatment of inmates for two decades, but this is the first time the battle has reached the nation’s high court. It is also the first time the justices will consider a prisoner release order in any state under a 1996 federal law that governs judges’ actions in inmates rights cases.

The Supreme Court agreed to hear the state’s argument that the three judges overstepped their authority. Specifically, the judicial panel gave California two years to trim the population of the state’s 33 adult prisons to about 110,000 inmates. More than 144,000 inmates are now in the prisons, which were designed to hold about 80,000.

The judges’ order “represents the highest level of federal court interference with state prison management and fails to take into account the adverse effects it will have on public safety,” Andrea Hoch, Schwarzenegger’s legal affairs secretary, said in a statement this week. “This appeal is important to preserve the state’s rights to operate its criminal justice system.”

The administration says conditions have improved as it gradually reduces crowding and improves care.

California has been lowering the prisons’ population through changes in parole and sentencing policies that free some ex-convicts from supervision and by sending about 10,000 inmates to private prisons in other states. Another 5,000 have been authorized for transfer out of state.

Separately, the state has clashed with a federal judge who appointed a receiver in 2006 to oversee all aspects of California’s prison health care system.

The receiver has more than doubled the prisons’ annual medical budget from $707 million to $1.5 billion, hired more medical staff and increased salaries. The receiver reported 46 inmate deaths last year that might have been prevented or delayed with better medical care. That was an improvement from 66 preventable deaths in 2008 and 2006, and 68 in 2007.

Attorney General Jerry Brown, who will become governor in January, has said the receiver’s demands constitute a threat to state sovereignty and that California should be protected from a federal court raid of the state’s budget.

Attorneys representing inmates counter that conditions remain in a crisis state despite the steps taken by the state and the court-appointed health care receiver.

“It’s an enormously important case,” said Erwin Chemerinsky, dean of the University of California, Irvine School of Law, who is not representing any party in the ongoing court battles. “The reality is that the California prisons are desperately overcrowded, and as a result prisoners receive grossly inadequate medical care. The question then is, what can the federal courts do about it?”

He said the Supreme Court’s ruling may hinge on whether the judges successfully followed a complex federal law that lets courts order the early release of inmates only if a special judicial panel decides all other options have been exhausted.

The state said in its written argument to the court that the creation of the three-judge panel and its order violate the 1996 Prison Litigation Reform Act.

The state contests the judges’ ruling that overcrowding was the primary cause of the health care deficiencies, or that reducing the number of inmates would solve the problems.

The state’s lawyers say the judges could have helped mentally and physically ill inmates without such a sweeping order. Releasing inmates will jeopardize the public unless the state invests in rehabilitation programs it cannot afford as it faces a $25 billion budget gap over the next 18 months, the state contends.

Inmates’ rights attorneys say the three judges had no choice after the state ignored or violated more than 70 court orders since a lawsuit challenging prisons’ medical care was filed in 1990.

Most of the evidence favors the inmates, but conservative justices will be reluctant to intervene in state decisions, said Frank Zimring, a University of California, Berkeley law professor who has studied California prisons for nearly 30 years.

The pending Supreme Court decision will help determine how the 1996 federal law is applied nationwide when judges see constitutional violations, although no other state appears to have prison problems as severe as California, said Amy Fettig, a lawyer with the American Civil Liberties Union’s National Prison Project.

Louisiana Attorney General Buddy Caldwell filed a friend of the court brief supporting California on behalf of the other 18 states, including Colorado, Illinois, Pennsylvania and Texas. Other states have a substantial interest because they also could face lawsuits seeking to force large-scale prisoner releases, Caldwell said in the brief.

“States like Louisiana must make difficult decisions about their correctional systems every day, and they must be given flexibility by the federal courts in the face of tight budgets and growing prison populations,” Caldwell’s appellate chief, Kyle Duncan, said in a statement.

Even as the administration appeals the order, Schwarzenegger has long recognized the dangers of crowding and taken steps to create space, said Don Specter, who as director of the nonprofit Berkeley-based Prison Law Office will argue the case on behalf of inmates.

“I’m not sure why the state is taking the position it is and fighting it so hard when there is consensus this is the main barrier that has to be resolved before things can get better,” Specter said.

If the ruling is upheld, the state will have two years to act once the final order takes effect.

The administration has said meeting the judges’ deadline would require California to keep criminals convicted of drug possession, receiving stolen property, theft and check fraud in county jails instead of state prisons. Some lower-risk inmates would serve the last 12 months of their sentences under house arrest enforced by satellite-linked ankle bracelets tracking their movements.

Several of the changes would require modifications in state laws and would burden counties already dealing with crowded jails and dwindling budgets, the administration said.

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